Home Fact-Check Political Fact-Check Manish Tewari misleads the parliament by saying Article 370 was permanent. Here are the facts

Manish Tewari misleads the parliament by saying Article 370 was permanent. Here are the facts

Every article of the constitution is India can be amended using due process, even its preamble was amended during the emergency by Indira Gandhi government

Yesterday the Article 370 of the Indian Constitution was abolished when the Lok Sabha approved a presidential resolution abolishing the Article invoking the provision of clause 3 of Article 370. The resolution got more vote than the strength of NDA, which means several opposition parties voted for it.

Congress party had opposed the move, and in doing so, they had even resorted to misinterpretation that the Article 370 is permanent and it can’t be revoked. Participating in the debate on the resolution, senior Congress leader Manish Tewari argued that clause 3 of the Article 370 implies that it was meant to be permanent. He had read out the clause 3, which reads:

Notwithstanding anything in the foregoing provisions of this article, the President may, by public notification, declare that this article shall cease to be operative or shall be operative only with such exceptions and modifications and from such date as he may specify:

- Ad - - article resumes -

Provided that the recommendation of the Constituent Assembly of the State referred to in clause (2) shall be necessary before the President issues such a notification.

This clause means that the president may revoke the Article 370, but a recommendation of the Constituent Assembly is required to do so.

He argued that this provision was kept to give the Article 370 a permanency, as the Constituent Assembly does not exist anymore, which was dissolved in 1957. His argument is that since the Constituent Assembly does not exist to approve the abolition of Article 370, this Article is permanent.

Manish Tewari made only selective reading to mislead the house and country to claim that Article 370 is permanent, which is not correct.

First, the Article 370 itself is included in the part of Part XXI of the constitution, which is titled Temporary and Transitional provisions. This means, every article included in Part XXI, are supposed to be temporary and transitional, they are never meant to be permanent like the Congress leader was claiming. Even the first prime minister of India and Congress leader Jawaharlal Nehru had said that Article 370 is temporary.

Article 370 is part of Temporary and transitional provisions of constitution

Article 370 was temporary, because it was created to apply provisions of Indian constitution selectively in the state till the time the state constitution was ready, and it was supposed to be abolished after preparation of the Jammu and Kashmir constitution. But the Constituent Assembly dissolved itself in 1957 without recommending removal of Article 370, and it remained in the constitution.

Every article of the constitution is India can be amended using due process, even its preamble was amended during the emergency by Indira Gandhi government, so it is completely wrong to say that Article 370 is permanent. The fact that requirement of approval of a non-existing Constituent Assembly was there to abrogate it was an anomaly, which should have been corrected long ago.

Just like everything in the constitution, including the preamble, can be amended, the requirement of abolishing an Article also can be amended, which was done using the constitutional provisions itself by the government.

Help Opindia Reach Every Indian. Share This Post
We need your support to survive in the media industry. Please consider paying us for the content we produce:

To know more about these payments, please click here.


Big Story

Strange rumours are coming out of Kashmir. Shah Faesal, supposedly, is Doval's stooge.

2019 World Cup Is Here!

Catch the latest on Cricket World Cup as it unfolds, special coverage by Opindia

To Advertise on Opindia.com Click here

NDTV’s Interim CEO Suparna Singh resigns with immediate effect

NDTV interim CEO Suparna Singh, whose appointment as CEO was not approved by I&B ministry, has stepped down
Hartosh Singh Bal resorts to factually incorrect details to target Amit Shah

Fact-Check: Unlike Chidambaram who tried to escape from law, Amit Shah resolutely faced trial and was acquitted

Hartosh Singh Bal equated P Chidambaram's disgraceful escape with Amit Shah's tenacity to face the law

Political Editor of The Hindu condones violence by Congress workers who beat up a man who shouted ‘Chidambaram Chor Hai’

Congress worker beats up a man for shouting 'Chidambaram Chor Hai', The Hindu Political Editor Nistula Hebbar shows excitement at the unruly behaviour.

P Chidambaram finally arrested by CBI after officers scale wall of his residence as the gates were locked

Chidambaram arrested from his residence after he addressed a press conference at Congress office

Former Pakistan army chief says Pakistan will use Kartarpur corridor to revive Khalistani terrorism in India

Gen Mirza Aslam Beg has said Pakistan army and the government should create trouble for India through Khalistan movement

Read about the P Chidambaram link in the new FIR filed against NDTV by the CBI

It appears that the INX Media case, the new FIR against NDTV and arrest of P Chidambaram are all interconnected.

Is Shah Faesal Ajit Doval’s asset? Unlikely, Swati Chaturvedi may be unwittingly helping the central government

Strange rumours are coming out of Kashmir. Shah Faesal, supposedly, is Doval's stooge.

‘Liberal’ hearts bleed as CBI arrests Congress leader Chidambaram after court calls him “kingpin of crime”

Within a few minutes of Chidambaram's arrest, the liberal heart bled for their fallen hero, who once had once co-opted the very same intelligentsia, media and other opinion-makers.

If Congress can’t claim political martyrdom today, the Modi government has only P Chidambaram to thank

After being missing for almost an entire day post the Supreme Court rejecting immediate relief from arrest in the INX media scam case, P Chidambaram went missing.

Here is why Prannoy Roy and Radhika Roy were stopped at the airport and were not allowed to leave the country

Radhika and Prannoy Roy of NDTV have said that they were not allowed to leave the country because of a concocted ICICI loan case. Read about that case in details
Subscribe to Day's Top Stories
[newsletter_form type="minimal"]
- Advertisment -

Latest articles

Connect with us

181,258FansLike
172,549FollowersFollow
90,726SubscribersSubscribe
Help Opindia Reach Every Indian. Share This Post